![]() ![]() "This comprehensive and detailed ruling recognizes that these magazines have great value as self-defense tools and confirms that the government bears a very high burden to justify a law that infringes on the right to keep and bear arms," the group said in a statement on its website. The California Rifle & Pistol Association, one of the plaintiffs in the case, said it was happy the court recognized the importance of ammunition magazines in lawful self-defense. Gun rights groups celebrated the decision on Monday. "The freedom they fought for was not free of cost then, and it is not free now." "This decision is a freedom calculus decided long ago by Colonists who cherished individual freedom more than the subservient security of a British ruler," he said. In his order, Judge Benitez argued the debate over whether Californians should trade freedom for security was settled at the time of the founding and through the protections afforded by the Constitution. It criminalizes the otherwise lawful acquisition and possession of common magazines holding more than 10 rounds-magazines that law-abiding responsible citizens would choose for self-defense at home." When the simple test of Heller is applied, a test that persons of common intelligence can understand, the statute fails and is an unconstitutional abridgment. The statute hits at the center of the Second Amendment and its burden is severe. "The regulation is neither presumptively legal nor longstanding. ![]() ![]() "California Penal Code Section 32310, as amended by Proposition 63, burdens the core of the Second Amendment by criminalizing the acquisition and possession of these magazines that are commonly held by law-abiding citizens for defense of self, home, and state," he wrote. Benitez of the District Court for the Southern District of California ruled the confiscation effort is unconstitutional. A federal judge struck down California's ban on the possession of magazines holding more than 10 rounds of ammunition. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. Archives
March 2023
Categories |